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HomeMy WebLinkAboutR-23-05 Special Use Permit Mr. Clean Car WashRESOLUTION NO. R-23-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO BE LOCATED AT 200 AND 203 SEBASTIAN BOULEVARD WITHIN THE TRIANGLE OVERLAY DISTRICT'S CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVERNER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. WHEREAS, Guggenheim Development Services, LLC has filed an application for approval of a special use permit to operate a commercial car wash on the properties located at 200 & 203 Sebastian Boulevard in the Commercial General zoning district; WHEREAS, the Planning and Zoning Commission held a quasi-judicial public hearing on January 19, 2023, and recommended denial of the special use permit by a vote of five (5) to two (2); and; WHEREAS, in accordance with Section 54-2-3.1 (a) (3)-(4) of the Land Development Code, City Council approved a special use permit based on the following Finding of Facts and Conditions of Approval below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS OF FACTS. The City Council of the City of Sebastian does hereby find that that the following conditions are satisfied: a. The requested car wash use will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in the Land Development Code; and b. The proposed car wash would be consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; and C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. SPECIAL USE PERMIT APPROVAL. The City Council of the City of Sebastian does hereby approve a special use permit for Guggenheim Development Services, LLC to construct and operate a car wash facility at 200 & 203 Sebastian Boulevard, subject to the following special conditions: (1) A reduction in the number of vacuum stations based on results of the noise analysis; (2) Submittal of a noise analysis; (3) Industry standard recommended noise reduction measures are required for the car wash equipment; (4) Addition of increased landscape buffers for both noise reduction, and gateway enhancement, i.e. a combination of walls & landscaping, increased height of landscape buffers, increased number of trees, etc. (5) Hours of operation limited at nighttime (6) The building design must meet the Triangle Overlay District`s requirements (same as the Riverfront Overlay District) regarding architecture, colors, and landscaping, but enhanced to also meet the CRA Master Plan intentions Section 3. SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Section 7. EXPIRATION DATE. The special use permit will expire five years from the date of the effective date if construction of the facility has not yet begun. The foregoing Resolution was moved for adoption by Councilmember Ed Dodd. The motion was seconded by Councilmember Bob McPartlan and, upon being put into a vote, the vote was as follows: Mayor Fred Jones eve Vice -Mayor Christopher Nunn aye Councilmember Kelly Dixon r0y Councilmember Ed Dodd aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 22No day of February 2023. CITY OF SEBASTIAN. FLORIDA Mayor Fred Jones ATTEST: ette Williams, MMC ,ty Clerk — - — Approved as to form and content for reliance by th City of So n onl . M Adon;�i., City Aewn7 '